IMPORTANT POINT
Judge while considering question of framing charge has power to sift and weigh evidence for the limited purpose of finding out whether or not a prima facie case against accused has been made out.

JUDGMENT

Petitioner by the medium of instant petition preferred under Section 561-A [now Section 482 Cr.PC] of the Code of Criminal Procedure (hereinafter referred as to the “Code”) has assailed order dated 30.07.2013 rendered by the Court of Ld. Addl. Sessions Judge (Anti-Corruption) Jammu, whereby, charges have been framed against the petitioner in FIR No. 21/2010 under Sections 5(2) of Prevention of Corruption Act r/w Sections 420, 409, 465, 467, 468, 471, 120-B, RPC in case titled State of J&K Vs. Babu Ram & Ors.,

2. Aggrieved of and dissatisfied with the impugned order dated 30.07.2013, petitioner has assailed it’s legality, propriety and correctness and has sought it’s quashment on the following grounds:—

(i) that a complaint was forwarded to Crime Branch by Parvez Ahmed Malik Director CAPD Jammu vide his office letter No. 79/G/PV/1815-17 dated 25.08.2010, wherein, it was alleged that on 05.08.2010 incharge Asst. Director CAPD Udhampur reported that he conducted a surprise checking of food store Udhampur wherein a huge quantity of food grains/sugar was found short in food store; the committee constituted to conduct physical verification submitted it’s report which tentatively revealed a shortage of food grain/sugar in food store CAPD Udhampur costing Rs.35,06099/- whereby incharge store keeper Babu Ram was placed under suspension who by misusing his official position and in conspiracy with other officials misappropriated the aforesaid amount causing huge loss to the state exchequer, the said accused remained absconding alongwith records on this FIR No. 21/2010 for offences under Sections 420, 409, 465, 467, 468, 471, 120-B, RPC r/w 5(2) P.C. Act Svt. 2006 was registered in Crime Branch; during the course of investigation it was found that accused Babu Ram was posted as incharge Store Keeper Udhampur vide order No. 1646-48/AD/CAPD/Udh dated 01.02.2010 by Asstt. Director CAPD Udhampur namely Sh. T.P. Singh and subsequently he took over charge of food store Udhampur on 01.02.2010, seized record was scrutinized by crime branch Jammu and found that 8704.96 qtls of ration amounting to Rs. 64,62,244/- as the PDS rates were misappropriated by the said accused Babu Ram in connivance with other officials; besides this, during investigation it was found that an amount of Rs. 8,40,000/- & Rs. 7,83,500/- was deposited in Govt. Treasury by the said accused fraudulently on behalf of ration dealers but the permit has not been issued in respect of this ration; scrutiny of seized record reveals that 42 numbers of permits treasury vouchers against which ration was fraudulently shown issued to the dealers were not reflected in issue register, 7 number of trucks loaded with different kinds of food grains were dispatched to food store Udhampur from different units but the same were not entered in stock/receipt register by the said accused, the shortage of food grains misappropriated by the accused during the course of investigation was worked out to the tune of Rs. 74,07,370.13 including cost of empty bags, it was established during investigation that Sh. T.P Singh the then Asstt. Director CAPD Udhampur had issued posting order of accused Babu Ram as incharge store keeper food store Udhampur fully aware of the fact that class 4th employee cannot be posted at any responsible force;

(ii) that after the transfer of T.P Singh, Sh. Ramesh Chander was posted as Asstt. Director CAPD Udhampur and during his period Sh. Babu Ram functioned as TSO Udhampur, the daily supply from stores was monitored by TSO and Asstt. Director, the store keeper submits by weekly statement of all the receipts/dispatches of ration to TSO/AD but they failed to monitor the functioning of store for their ulterior motives which is also violation of PDS control order 2001, by weekly and monthly off take statements were also not checked by officers concerned during their posting which indicates their connivance with store keepers in misappropriating the food grains, all these